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City of Virginia Beach Agenda Item D1 Page 1 Applicant & Property Owner City of Virginia Beach, Department of Public Works Public Hearing February 8, 2017 (Deferred 12/14/2016) City Council Election District Beach Request Modification of Conditions (Fill a Borrow Pit approved by City Council originally on April 27, 1964 and then modified on August 13, 2002) Staff Planner Carolyn A.K. Smith Location North side of Norfolk-Southern Railway right-of- way, west of Airstation Road GPIN 2407346916 Site Size 67.10 acres AICUZ Greater than 75 dB DNL APZ 1 & 2 Existing Land Use and Zoning District Bulk Storage Yard / R-7.5 Residential District Surrounding Land Uses and Zoning Districts North I-264 South Norfolk-Southern Railway right-of-way Potters Road NAS Oceana / I-2 Industrial East Single-family dwellings / R-7.5 Residential West Upper Wolfsnare House / R-7.5 Residential (Historical & Cultural District Overlay) \ Agenda Item D1

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Page 1: of Public Works Beach - VBgov.com Public Works Public Hearing (Deferred 12 ... Request Modification of Conditions(Fill a Borrow Pit ... the type of fill material permitted to include

City of Virginia Beach Agenda Item D1

Page 1

Applicant & Property Owner City of Virginia Beach, Department of Public Works Public Hearing February 8, 2017 (Deferred 12/14/2016)

City Council Election District Beach

Request Modification of Conditions (Fill a Borrow Pit approved by City Council originally on April 27, 1964 and then modified on August 13, 2002) Staff Planner Carolyn A.K. Smith Location North side of Norfolk-Southern Railway right-of-way, west of Airstation Road GPIN 2407346916 Site Size 67.10 acres AICUZ Greater than 75 dB DNL APZ 1 & 2 Existing Land Use and Zoning District Bulk Storage Yard / R-7.5 Residential District Surrounding Land Uses and Zoning Districts North I-264 South Norfolk-Southern Railway right-of-way Potters Road NAS Oceana / I-2 Industrial East Single-family dwellings / R-7.5 Residential West Upper Wolfsnare House / R-7.5 Residential (Historical & Cultural District Overlay)

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Agenda Item D1

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• This request was previously deferred at the December 14, 2016 Planning Commission public hearing to provide

the Department of Public Works time to meet with the Historical Society to discuss the application.

• The original borrow pit was excavated in the 1960s, during the construction of Route 44, now Interstate 264.

• In 1986, the City of Virginia Beach obtained a Conditional Use Permit to fill the borrow pit with dredge material from City dredge projects. A modification to the Conditional Use Permit was approved in 2002 that expanded the type of fill material permitted to include materials such as concrete, asphalt and soil from City construction activities as well as storm and hurricane debris.

• A modification to Condition 6 of the 2002 approval is requested in order to allow woody debris, transported to this site as a result of a storm event, to be stored on the property until it can be mulched off site. Condition 6 of the 2002 approval specifically prohibits “…the storage of vegetative or timber debris on the site.” The condition also requires that wood and vegetative debris be mulched and “reduced in volume” off site.

• This request will permit both the temporary storage of large woody debris and an on-site mulch operation. This change will improve productivity and reduce transportation costs and impacts for both the acceptance of material and then ultimately the distribution of the processed mulch.

Zoning History # Request 1 MOD Approved 08/13/2002

MOD Approved 06/16/1986 CUP (Borrow Pit) Approved 04/27/1964

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

Background and Summary of Proposal

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This site is located within the Hilltop Strategic Growth Area (SGA), which contains a variety of retail, restaurant, office, health and recreational uses. Properties within this SGA are impacted by the highest noise zone and the accident potential zones and are typically good candidates for redevelopment and reinvestment opportunities. The long-term vision for the SGA includes a regional retail destination, an increase in industrial and commercial uses compatible with the ACUIZ restrictions, and the preservation of the historic Ocean Gardens neighborhood with densities more compatible with NAS Oceana.

The site is located within the Chesapeake Bay watershed. The total acreage of the City property is 67.10 acres. The western portion of the property is designated as a Historical and Cultural overlay district, as the historic Upper Wolfsnare house is located to the west. The Upper Wolfsnare house, owned by the Princess Anne County/Virginia Beach Historical Society, is a Georgina-style house reflective of the gentry class lifestyle of its builder, Thomas Walke, III and of country life in colonial Virginia.

Street Name Present Volume Present Capacity Generated Traffic

Potters Road 4,042 ADT 1 15,000 ADT 1 (LOS 2 “C”) 16,200 ADT 1 (LOS 2 “E”)

Existing Land Use – No Data Available

Proposed Land Use – No Change Anticipated

1 Average Daily Trips 2 LOS = Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Potters Road is a two-lane minor suburban arterial. There are no roadway CIP projects scheduled for this location.

No anticipated impacts to City water and sewer service.

While the property is zoned residential, this use is termed a “Public Use,” and is, therefore, permitted with a Conditional Use Permit. The current process involves transporting debris, often a long distance to the City’s landfill, and mulching it on site. The modification to the Conditional Use Permit will permit the storage of woody debris on the property until the tub grinder can be brought to the site at which time the debris will then be mulched. Once the material is mulched, Landscape Management will use the mulch on City properties. Traffic Engineering Staff indicated that the proposed use should not have any significant impact to Potters Road or to the City’s overall transportation network. This site is impacted by the greater than 75 noise zone, the accident potential zone and Navy restrictive easements. Based on these constraints, the existing and proposed uses are ideal at this location. It is important to note that one of the City’s historic homes is located adjacent to the proposed mulch site. This request does not propose activities any closer to the house than approved in 2002. To ensure that the public’s enjoyment of the historic home is not impacted by the noise associated with the proposed mulching operation, Staff recommends a

Comprehensive Plan Recommendations

Natural and Cultural Resources Impacts

Traffic Impacts

Public Utility Impacts

Evaluation and Recommendation

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condition that no mulching of materials occur when the Upper Wolfsnare house is open to the public for tours. The home offers tours on a limited basis, typically Wednesday afternoons during the months of July and August. The Department of Public Works did meet with the Virginia Beach/Princess Anne County Historical Society to address concerns that included use of all-terrain vehicles on the property and fire prevention. As a result of these meetings, Public Works has committed to develop measures to eliminate illegal dumping on the site, ensure that all operations at Potter’s Pit are within full compliance with the conditions of the Conditional Use Permit and that the temporary storage of woody debris and mulch will be managed in a way that hinders or prevents a fire. Public Works will be looking to the Fire Department to recommend additional safety measures to include a notification to the Fire Department when woody debris is stored on site, and how to manage the debris on site. Public Works intends to provide continued access to the site for the Fire Department, locate piles of woody debris away from power lines and ignition sources, restrict the use of welding and other heat generating devices, monitor the piles during extreme weather conditions, and institute pile separation methods. Staff recommends approval subject to the conditions below that are an update to the modification to the Conditional Use Permit that was approved in 2002 and that also reflect this current request.

1. The hours of operation of the site shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. This

condition may be suspended during times of emergency, such as large storm events and hurricanes. No mulching of materials shall occur when the Upper Wolfsnare house is open to the public for tours. This is generally noon to 4:00 p.m. on Wednesdays in July and August.

2. The limits of fill shall substantially adhere to the submitted site plan, except as noted below, titled “DREDGED MATERIAL DISPOSAL SITE, WOLFSNARE PROPERTY, Virginia Beach Public Works Department, City of Virginia Beach, Virginia”, dated 10/12/01, revised 1/31/02, and prepared by Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department.

3. The stormwater management ponds shall adhere to the natural design depicted on the END USE / LAND USE PLAN, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department.

4. The fill operation shall begin at the eastern most portion of “Cell B” as conditioned by the City of Virginia Beach Historical Review Board on April 18, 2002.

5. Restoration of the site shall substantially adhere to the submitted “END USE / LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE,” prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department.

6. Fencing around the site shall be “black vinyl coated” chain-link as depicted on the “END USE / LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department.

7. Based on Fire Department guidelines, the height of any pile of mulch shall be limited to 20 feet and shall be located no closer than 20 feet to any other pile of debris.

Recommended Conditions

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8. The Fire Department shall have access to the site at all times. Said debris shall be located away from power lines and ignition sources. The use of welding and other heat generating devices shall be restricted.

Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site.

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Proposed Site Layout

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Proposed End Use Plan

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Proposed Fill Plan 2002

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Site Photos